1. The Commerce Claus of the US Constitution gives states exclusive power to regulate interstate commerce (commerce among the states). True or False
2. The Fifth Amendment Due Process Clause prohibits the federal government from depriving any person of "life, liberty or property, without due process of law." True or False
3. Intermediate scrutiny is a more lenient level of scrutiny than rational basis. True or False
4. Due process requirements do not apply to the acts of administrative agencies. True or False
5. The three branches of the federal government in the United States are the legislative, the executive and the judicial. True or False
6. If the US Congress enacts a federal statute regulating the sale of automatic weapons, and Kentucky passes a state law which conflicts with the federal law, Kentucky's law is said to be
a. void for vagueness.
b. implicitly preempted.
c. The operative and prevailing law in Kentucky
d. expressly preempted.
7. Greenmail's customers were receiving unsolicited electronic mails from Definition Mail. Greenmail blocked these emails and sent them back to Definition Mail. Due to such bulk/spam mails coming in, Definition Mail's clients terminated their contracts with it. Definition Mail sued Greenmail for violating its First Amendment rights. Will the court uphold this case?
a. Yes, because constitutional rights can be violated by individuals (persons) as well as the government.
b. No, as the First Amendment does not deal with constitutional rights.
c. No, since Greenmail is a private company it did not owe any constitutional rights to Definition Mail.
d. Yes, as First Amendment rights of free speech have been violated by Greenmail blocking Definition Mail's communications
8. Which of the following prohibits the federal, state and local government from taking real or personal property for public use without paying just compensation?
a. The Fifteenth Amendment of the US Constitution
b. The Seventh Amendment of the US Constitution
c. The Fifth Amendment of the US Constitution
d. The Commerce Clause of the US Constitution
9. Under the Equal Protection Clause:
a. The government can uphold restrictions on property.
b. the States are prohibited from arbitrarily discriminating against persons.
c. the States are prohibited from discriminating against individuals only on the basis of nationality
d. The government must treat all matters alike.
10.The development of _________________ is, according to some legal scholars, the single most important legal development of the 20th Century.
a. the authority given to and exercised by the Federal Trade Commission
b. the use of anti-trust laws to control business
c. the rise in importance of administrative agencies
d. the CAN-SPAM Act
11. Selena was entering the United States following a trip abroad when the customs service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property, and what type of hearing the customs office must offer Selena, is an analysis of:.
a. substantive due process.
b. eminent domain.
c. procedural due process.
d. the Takings Clause.